interoffice memorandum to: Tom hazzard, ceo from: Venkata reddy putluri subject: palm patent infringment issue date: June 19, 2014 c: steve holmes, patent attorney This memo is to recommend that ttools should stop negotiations with Palm and take immediate legal action through patent litigation means. This action is needed in order to protect ttools’ innovation and for survivability of ttools business. Based on the design patent and non-disclosure agreement with Palm it is very clear that Palm has committed the infringement hence chances of ttools winning of litigation case are high. There are high chances that Palm might consider to settle the litigation before going to the trial of the case as they knew that they have …show more content…
Based on the recent communications with Palm, it is clear that they are not interested in negotiating with ttools despite the fact that they have reminded them about infringement. Palm is already in a contract with IDEO to design a stylus similar to ttools which means that Palm will cease to publish any ads about ttools products from their online newsletter. Negotiating or competing without taking any action to stop infringement of its intellectual property would not enable ttools to leverage its core organizational strengths in competing with Palm. In its current state ads through the online newsletter is the most helpful marketing tool for ttools to reach out to the PDA owners. If Palm stops publishing ads which is highly likely action from Palm’s perspective in order to promote their own product ttools need to develop their own marketing capabilities. Even if they start their marketing campaign, ttools might not be able to compete Palm in terms of resources and market reach. The other alternative of ceasing negotiation and competing with Palm might not be very effective because of the fact that we do not have the capabilities to set a solid ground for such competition. Even if ttools start competing based on its superior pricing and material quality, Palm could easily match its pricing and material quality as long as they could infringe ttools product design. If ttools does not file litigation charges, Palm has not compelling reason to
It is my understanding that Westlake Lanes is considering the following three options for its
4- The committee and Ms Beckel decided to include a religious studies curriculum in the program. The principal approved of it. However, Ms Wright one of the community members did not. She threatened to show up at the committee meeting with the media. On the day of the meeting, Ms Wright showed up with a placard protesting the use of the bible in public schools.
Sparkle Company is a Nigerian diamond mining company. Sparkle is a joint venture, 50 percent owned by Shine and 50 percent owned by Brighten. Both Shine and Brighten are U.S.-based companies with their functional currency being the American dollar. Sparkle Companies functional currency is that of Nigeria, being the Naira. During 2009, Sparkle had several transactions with its joint venture owners and outside parties. The details of Sparkle’s transactions are three loans, three expenditures, and one revenue stream. The loans the company took out were $1 million from Brighten, $1 million from Shine, and 300 million Naira from a local Nigerian bank. The expenditures
3. Seeing that the dispute involved the sale of land, specific performance is the proper award for damages to the injured party.
Plaintiff, Elian Gonzalez, a six year old minor, through his “next of friend”, Lazaro Gonzalez, filed an asylum application with the INS (Immigration & Naturalization Service), which was denied. The plaintiff’s then filed a claim in the federal district court which stated the Plaintiff’s due process rights were violated and the INS had overstepped
This report was commissioned to examine Bright Lights and Services Company diversification and business development strategy. Bright Lights and Services Company is a diversified company in Brightland located about 2500 miles southeast of Boston. BLSC was formed as a diversified company and evolved out of Biego in 1915 to provide electricity to the Brightland island residents. BLSC is the sole provider for all of the Brightland residents electrical needs. However, due to the decline in tourism, net income from electric revenues have remained flat despite price increases. In order to supplement BLSC’s revenue stream the company decided to diversify it's portfolio in 2007. Today BLSC, runs several businesses:
“We always keep on pace with the demand of our end customers, delight them through continuing maintain a close relationship between manufacturing, ongoing Research and Development as well as working closely with supply chain and outsourcing partners, to provide cost-effective, high-quality Smart phone, wireless devices and software to our customers, internationally. Constant Training and Development program and strong culture practices are held to motivate the employees, also, to ensure infinite innovation and creation come out from them. Most importantly, offer attractive
With the rapid evolution and expansion of the Indian retail environment, Madura F&L’s ability to morph in response to market demands and consumer needs is nonnegotiable. Engaging and managing their workforce is highly important as success within the retail industry is directly correlated to supporting a consistent brand image and providing a superior customer experience. With broadly distributed locations and employee base, it is crucial that consistent standard operating procedures be established and implemented to facilitate their ambitious expansion plans. To address this issue, Madura F&L should implement a cloud platform such as Wooqer to achieve operational effectiveness while enabling flexibility and real time collaboration to
The first Blackberry device was developed and put out in the market in 1999. RIM has consistently introduced new and innovative products and services. The wireless industry is a competitive one, and, in 2002, RIM was sued for patent infringement by NTP. The case was finally settled in 2006, with RIM paying NTP $612.5 million. (Wikipedia, n.d.)
A design patent can be declared invalid, and thus unenforceable, if the design patent claims primarily functional elements rather than primarily ornamental elements or if there is prior art that serves inspiration for the competing products. Courts utilize various factors in determining whether a claimed design is dictated by functional as a whole, or whether its ornamental elements can be separated from the functional elements. In High Point Design v. Buyers Direct, the Court found that designers made choices that are clearly separable from the functional elements of a shoe. Further, the Court used its opinion to restate that it is a design patent prerequisite that the article in question be an article of manufacture. Suggesting that most manufactured articles serve some function, it would be against congresses intent to interpret the law in such a manner. Similarly, in Apple Inc. v. Samsung Elecs. Co., the Court states that ornamental elements of functional components are the breadth of the claim and should not be excluded for their placements.
Timbuk2 was founded in 1989 by Rob Honeycutt, a San Francisco bike messenger. Honeycutt wanted to develop a messenger bag that was rugged enough for everyday wear and tear, but chic enough to set a fashion trend. The company founded its success based on its lean manufacturing and mass customization principles. With many of the American companies now outsourcing their manufacturing processes to China, it became hard for Timbuk2 executives to ignore the labor cost benefits that Chinese manufacturing would provide. Dealing with different channels (wholesale/retailers, e-commerce, etc), Timbuk2 also had to find a way to improve their mass customization processes and
To remain competitive, the company continually seeks to innovate by building phones that are slim and well designed. It is important that the organization remember that customer needs constantly change and their products should change as the market changes. Products also go through what is known as the product life cycle.
Weakness: The Corporate is developing totally different new models of smartphones and laptops, however the cost of its products are on top of alternative regional and international competitors (Butow & Watson, 2013). Moreover, the model of its products is less attractive than competitors ' products is additionally the weakness of Samsung.
Patent infringement is unlawful and thus there is a necessary obligation to avoid it. Samsung was found guilty on 6 of the 7 patent infringement cases and Apple was awarded 600 million dollars in damages from Samsung for the infringement battle, however Samsung essentially won the war. The Samsung brand had become a household name, with a huge percentage of the industry’s consumers loyal to
Regarding the lawsuit from the Brazilian government, Samsung Electronics promised to “conduct a thorough review and fully cooperate with the Brazilian authorities” (Almeida and Kim, 2013). It also added that, “We take great care to provide a workplace